Discussion of current legal issues

“Using cross-sectional time-series data for U.S. counties from 1977 to 1992, we find that allowing citizens to carry concealed weapons deters violent crimes, without increasing accidental deaths. If those states without right-to-carry concealed gun provisions had adopted them in 1992, county- and state-level data indicate that approximately 1,500 murders would have been avoided yearly. Similarly, we predict that rapes would have declined by over 4,000, robbery by over 11,000, and aggravated assaults by over 60,000. We also find criminals substituting into property crimes involving stealth, where the probability of contact between the criminal and the victim is minimal. Further, higher arrest and conviction rates consistently reduce crime. The estimated annual gain from all remaining states adopting these laws was at least $ 5.74 billion in 1992. The annual social benefit from an additional concealed handgun permit is as high as $ 5,000.” Lott and Mustard, Crime, Deterrence and Right to carry concealed handguns, 26 J. Legal Stud. 1 (1997)In Wisconsin, adults can purchase a gun without a license. The concealed license statute does not limit or affect a person's right to carry a firearm that's not concealed AND IS IN THE OPEN WITHOUT A LICENSE. Wis. Stat. § 175.60 2(c) (unless expressly stated otherwise, it "does not limit an individual's right to carry a firearm that is not concealed").However, you must obtain a concealed handgun license to carry a concealed gun in your car or on (or near) your body, unless you are in your own home, on your own property, or at your place of business. (Wis. Stat. Ann. § 941.23(2)(e).)It is still unlawful, under Wis. Stat. § 941.20, to carry a concealed firearm while intoxicated or while unlawfully using controlled substances, point a firearm at another person, intentionally discharge a firearm into a vehicle or building or from a vehicle, or endanger the safety of another person by the negligent operation or handling of a dangerous weapon. And it remains unlawful, under Wis. Stat. §§ 941.29 and 948.60, for a person who is a felon, a minor, mentally ill, or under an abuse or harassment injunction to possess a firearm, even with a suspended or revoked concealed-carry license. This will be specified below.Gun includes handguns, electric weapons such as stun guns or Tasers, knives including switchblade knives (NOTE: Wisconsin recently enacted AB 142 which removes all restrictions on switchblades and concealed carry of knives from Wisconsin statutes with the single exception that a person who is prohibited under state law from possessing a firearm may not go armed with a concealed knife that is a "dangerous weapon." Knife Law Preemption means that all laws more restrictive than the new state law will be voided and knife law will be consistent throughout the state. However, AB 142 retains political subdivisions' ability to "[prohibit] the possession of a knife in a building, or part of a building, that is owned, occupied, or controlled by the political subdivision) and billy clubs. You can't carry a machine gun or a short-barreled rifle or short-barreled shotgun. Wis. Stat. §§ 941.27 and 941.28. When carrying concealed, you must also carry a license and photo ID unless on your own property.How to Obtain a Concealed Handgun License in WisconsinWisconsin's concealed-carry-licensing process, like that of most states, is a shall issue process in that officials must issue a license if the applicant satisfies certain minimum requirements (as opposed to a "may issue" process, which affords more discretion to issuing officials). To obtain a concealed handgun license, you must:

be at least 21 years old

be a resident of Wisconsin

not be prohibited under federal or Wisconsin law from possessing a firearm

show proof of successful completion of a firearm safety and training course

submit a license fee, Wis. Stat. § 175.60 (2), (3).and

submit to a background check and fee. Wis. Stat. Ann. § 175.60 (9g)

You must apply by mail to the Wisconsin Department of Justice, which will keep application forms and accept applications. Application forms are available at http://bit.ly/ccw-application and by mail.Applications must be mailed to:Wisconsin Department of JusticeAttn. License UnitP.O. Box 7130Madison, WI 53707-7130If you do not have Internet access, you can mail a request to that address and an application will be mailed to you.An individual may apply for a license by submitting a completed application form containing three original signatures stating that the information submitted in or with the application is true and complete to the best of his or her knowledge, acceptable proof of training, and a license fee in the amount of $40. with any check made out to Wisconsin Department of Justice. Wis. Stat. § 175.60(7).CCW applicants must provide ONE of the following forms of firearms training.

A copy of a Hunter Education certificate from Wisconsin's Hunter Education program or a substantially similar program that is established by another state and recognized by the Department of Natural Resources. NOTE: You may obtain a duplicate Wisconsin Hunter Education certificate online or by ordering a replacement card from the DNR.

A copy of a current or expired CCW license from another state that has not been revoked for cause. You must also include form DJ-LE-289 affirming this fact.

Documentation of completion of small arms training while serving in the U.S. Armed Forces, Reserves, or National Guard. Acceptable forms of documentation include a DD-214 or DD-256 form showing an honorable or general under honorable conditions discharge, a certificate of completion of basic training, or a service record of completion of small arms training.

A certification letter from the Wisconsin Law Enforcement Standards Board or a letter from a Police Department stating you served as a police officer and completed training.

Documentation that you completed private security training from the Department of Safety and Professional Services or a similar course in another state. Training must include a Firearms Certification of Proficiency.

A certificate of completion from a firearms safety or training course that is conducted by a national or state organization that certifies firearms instructors, a law enforcement agency, technical college, college, university, or an instructor certified by a national or state organization that certifies firearms instructors. If you participate in one of these courses, attach a copy of the certificate or affidavit from that course containing the following information:

Your license will be valid for five (5) years from the date on which it was issued, unless the license is suspended or revoked. Wis. Stat. § 175.60(15)(a).What if my CCW application is denied?If your application for a CCW license was denied and you feel that this decision was incorrect you may appeal the decision through our appeals process at no additional charge. A copy of the appeals form was mailed with your denial letter. You may also obtain a copy of the form here: DJ-LE-291.Fill out the appeals form and submit it to the Firearms Unit along with documentation supporting your appeal. All appeals require a finger print card to perform an identification review. Fingerprints need to be submitted on a fingerprint card and prepared by your local law enforcement agency. The Firearms Unit will respond to you in writing within 30 days of receiving your appeal.The following are the most common reasons that CCW applications are denied. They may or may not apply to your specific case.

Felony Convictions.

Misdemeanor Convictions for Crimes of Domestic Violence.

These can include Misdemeanor Disorderly Conduct and Battery Convictions.

Drug Convictions or Arrests within the past year.

Active Warrants.

Court Orders prohibiting firearm possession.

Juvenile Adjudications.

Is there anywhere I will not be allowed to carry concealed?Yes. You can't carry concealed at law enforcement buildings, prisons, jails, secured units or secured mental health institutions, courthouses, courtrooms, beyond security checkpoints in airports, on school grounds and premises, in taverns if you're drinking alcohol, at special events such as concerts or games where organizers don't allow it, at colleges or universities where prohibited, in businesses or on private property where the owner prohibits or limits concealed weapons.On federal land and property, federal law applies. Cities, towns and villages can restrict the discharge of firearms. Your employer can keep you from carrying concealed to work, but not from storing your weapon or ammunition in your car, even if parked in a company lot. Business owners have to post a sign, at least 5-by-7 inches big, about the restriction in a prominent place near all entrances.Who is prohibited from possessing a firearm under Wisconsin and federal law? Under state law the following persons are prohibited from possessing a firearm: Wis. Stat. § 941.29.

The person has been convicted of a felony in Wisconsin. Wis. Stat.

941.29(1)(a). Unless the person has been pardoned of the felony and has been expressly authorized to possess a firearm under 18 USC app. 1203; or has been relieved of disabilities under 18 USC 925(c). Wis. Stat. § 941.29(5).

The person has been convicted of a crime elsewhere that would be a felony if convicted in Wisconsin. Wis. Stat. § 941.29(1)(b). Unless the person has been pardoned of the felony and has been expressly authorized to possess a firearm under 18 USC app. 1203; or has been relieved of disabilities under 18 USC 925(c). Wis. Stat. § 941.29(5).

The person was adjudicated delinquent for an act committed on or after April 21, 1994, that if committed by an adult in this state would be a felony. Wis. Stat. § 941.29(1)(bm). Unless a court subsequently determines that the person is not likely to act in a manner dangerous to public safety. Wis. Stat. § 941.29(8).

The person was found not guilty of a felony in Wisconsin by reason of mental disease or defect. Wis. Stat § 941.29(1)(c). Unless, a court subsequently determines that: 1) the person is no longer insane or no longer has a mental disease, defect or illness, AND 2) the person is not likely to act in a manner dangerous to public safety. Wis. Stat. § 941.29(7).

The person was found not guilty or not responsible for a crime elsewhere that would be a felony in this state by reason of insanity or mental illness, disease or defect. Wis. Stat. § 941.29(1)(d). Unless, a court subsequently determines that: 1) the person is no longer insane or no longer has a mental disease, defect or illness, AND 2) the person is not likely to act in a manner dangerous to public safety. Wis. Stat. § 941.29(7).

The person has been committed to treatment under s. 51.20(13)(a) and ordered not to possess a firearm under § 51.20(13(cv)1. Wis. Stat. § 941.29(1)(e). Unless the prohibition has been cancelled. Wis. Stat. § 941.20(9)(a).)

The person has been ordered not to possess a firearm under any of §§ 51.20(13)(cv)1, 51.45(13)(i)1, 54.10(3)(f)1, or 55.12(10)(a) (mental health commitments). Wis. Stat. § 941.20(1)(em). Unless the court order has been cancelled. Wis. Stat. § 941.20(9b).

The person is enjoined under an injunction issued under § 813.12 or 813.122 (harassment or domestic abuse) or under a tribal injunction, as defined in § 813.12(1)(e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under § 941.29 and that has been filed under § 806.247(3). Wis. Stat. § 941.29(1)(f). Unless the person is a peace officer and the person possesses a firearm while in the line of duty or, if required to do so as a condition of employment, while off duty; OR, 2) the person is a member of the U.S. armed forces or national guard and the person possesses a firearm while in the line of duty. Wis. Stat. § 941.29(10). Note – the prohibition against firearm possession under this subsection does not apply to any correctional officer employed before May 1, 1982, who is required to possess a firearm as a condition of employment. This exemption applies if the officer is eligible to possess a firearm under any federal law and applies while the officer is acting in an official capacity. Wis. Stat. § 941.29(6).

Under federal law the following persons are prohibited from possessing a firearm that has been shipped or transported in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce. 18 USC Ch. 44 § 922(g)(1)-(9).1 A person who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

A person who is a fugitive from justice;

A person who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

A person who has been adjudicated as a mental defective or who has been committed to a mental institution;

A person who, being an alien--

(A) is illegally or unlawfully in the United States; or(B) except as provided in subsection 18 USC 44 § 922(y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26));

A person who has been discharged from the Armed Forces under dishonorable conditions;

A person who, having been a citizen of the United States, has renounced his or her citizenship;

A person who is subject to a court order that--

(A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;(B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and(C) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

A person who has been convicted in any court of a misdemeanor crime of domestic violence. Section 922(g)(9) of Title 18 includes a firearm prohibition for misdemeanor convictions even if the statute does not specifically define the offense as domestic violence: 1) if there was use or attempted use of physical force or the threatened use of a deadly weapon and; 2) was committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.

Does Wisconsin Recognize Concealed Handgun Licenses From Other States?Yes. Wisconsin recognizes out-of-state licenses, as long as:

the permit holder is at least 21 years old

is not a Wisconsin resident, and

holds a valid concealed carry license from any state with which Wisconsin has a reciprocity agreement. Wis. Stat. Ann. § 175.60(1)(g).

For information on training requirements and reciprocity, visit bit.ly/ccw-application. The Wisconsin Department of Justice’s website provides a list of states with reciprocity agreements with Wisconsin.My spouse has gone crazy and I need a gun to protect myself, is there any way to by-pass all this paperwork because of an emergency?A person who believes they need a license immediately may petition a court in the county where he or she resides for an emergency license. A court may issue an emergency license if the court determines it is necessary to protect the person from death or great bodily harm unless it knows that the person is ineligible for a license. Wis. Stat. § 175.60(9r)(a). An emergency license is only good for 30 days unless revoked by the court. Wis. Stat. § 175.60(9r)(b). The court shall revoke an emergency license if it determines that the person is ineligible for a license. Wis. Stat. § 175.60(9r)(bm). An emergency license is void if the person applies for a regular license and is found ineligible to get a license. Wis. Stat. § 175.60(9r)(c). An "emergency" license does not give you a greater right to defend yourself or others, nor are you exempted from the other laws and procedures governing concealed carry during the 30-day term of your license.What do I do if I encounter a law enforcement officer while carrying concealed?You have to show your photo ID and concealed-carry license to a law enforcement officer upon request or risk a $25 ticket. The state recommends you tell the officer you're carrying concealed and where the weapon is located, keep your hands where the officer can see them, cooperate with the officer and don't make quick movements. Don't touch or attempt to touch the weapon unless the officer tells you so. If you're in your car, don't leave it unless asked.What do I do if I lose or send my license through the washer If a license document is lost, a licensee no longer has possession of his or her license, or a license document is destroyed, unreadable, or unusable, a licensee may submit to the department a statement requesting a replacement license document, the license document or any portions of the license document if available, and a $12 replacement fee. The department shall issue a replacement license document to the licensee within 14 days of receiving the statement and fee. If the licensee does not submit the original license document to the department, the department shall terminate the unique approval number of the original request and issue a new unique approval number for the replacement request.Penalties for Failing to Obtain a Concealed Handgun LicenseIt is a Class A misdemeanor to carry a concealed handgun in Wisconsin without a concealed carry license (unless you are in your own home, on your own property, or at your fixed place of business). Penalties include a fine of up to $10,000, up to nine months in jail, or both.

The next time you demand the criminal system move faster in resolving a case, realize how the criminal system impacts on innocent lives. Critically, these numbers show the problem with the death penalty: the real possibility of the State committing murder by killing the wrong person.

According to the National Registry of Exonerations, http://www.law.umich.edu/special/exoneration/Documents/Exonerations_in_2015.pdf, 2015 was a record year for exonerations in America — 149 in all, 58 of those coming from wrongful convictions in homicide cases. And the latest report from the National Registry of Exonerations, released this week, provides invaluable insight into how all those people ended up losing all those years (14.5 on average) for crimes they did not commit. 27 exonerations in 2015 were for convictions based on false confessions, another record. More than 80% of these false confessions were in homicide cases (22/27), mostly by defendants who were under 18 or mentally handicapped or both. For example: In 2006, Bobby Johnson, a barely-literate 16-year-old with an IQ of 69, was interrogated by two New Haven, Connecticut detectives about the murder of Herbert Fields. The detectives told Johnson (falsely) that they had physical evidence tying him to the murder and that he would face the death penalty if convicted (also a lie). They promised him probation if he confessed. Johnson did confess and was convicted and sentenced to 38 years. He was exonerated in 2015, nine years later, after it was discovered that the police had concealed evidence that identified the real killer. In Wisconsin, I am personally aware of the criminal prosecution of a mentally retarded man based in substantial part on his confession. His name was Ronald Paccagnella who was charged with first degree intentional homicide and first degree sexual assault due to a false confession but the charges were dismissed prior to trial.

Incredibly, official misconduct resulted in 65 exonerations in 2015, a record number. Three-quarters of homicide exonerations in 2015 included known official misconduct (44/58). Milke’s was an example: In 1990, Debra Milke was sentenced to death in Phoenix for conspiring with the two men who abducted and murdered her four-year old son, ostensibly in order to collect on a $5,000 insurance policy. The only substantial evidence against her was testimony by Detective Armando Saldate, Jr., who was sent to interrogate her with an explicit order to record the interrogation—which he did not do. Saldate told the jury that Milke flashed her breasts at him, offered sex, and then later confessed to the murder. Milke denied it all. Milke was exonerated in 2015 because her attorneys eventually discovered that the state had concealed Saldate’s extraordinary history. It turned out that Saldate (in addition to other types of misconduct) was responsible for four earlier cases in which judges tossed out confessions or indictments because he committed perjury, and four other cases in which judges suppressed confessions or vacated convictions because Saldate violated the constitution in conducting interrogations.Also judges need to be more cautious in taking guilty pleas : 65 exonerations in 2015 were for convictions based on guilty pleas, more than any previous year. The great majority were drug cases (46/65), but eight were homicide exonerations—all of which included false confessions. Of course, one may wonder why someone who is innocent would enter a guilty plea.

Again judges need to examine decisions they make. Defendants who plead guilty, especially defendants with criminal records, generally cannot post the comparatively high bails that are set for them and who risk substantial terms in prison if convicted—agreed to attractive plea bargains at their initial court appearances, despite their innocence, rather than remain in pretrial custody and risk years in prison.Specifically, in 2015 Wisconsin had 4 exonerations. Since 1989, in Wisconsin, there has been 43 exonerations amounting to an average year lost of 6.81: with 293 years total. This is broken down as follows:21 sex crimes14 homicides0 drugs3 robberies5 otherRacially divided as:22 caucasian18 black2 hispanic1 other

I am often asked, in one form or another, by various people, when am I under arrest by the police. A simple rule is that an arrest occurs when a police officer grasps or applies physical force to an individual, regardless of whether he succeeds in subduing the individual, or, in the absence of physical force, when the officer asserts his authority, for the purpose of making an arrest, and the individual to be arrested submits to the officer's show of authority. The subjective intent of the officer, i.e., whether he/she intended to arrest the person, is irrelevant. Courts have explained that ''[t]here can be no arrest without either touching or submission.'' An arrest is ''the quintessential 'seizure of the person' under [the] Fourth Amendment'' and must be justified by probable cause. However, not every seizure of the person constitutes an arrest. In Terry v. Ohio, 392 U.S. 1, 27 (1968) and its progeny, the Supreme Court created a loophole for a police officer may seize an individual briefly for investigatory purposes on less than probable cause.

The difference between a seizure for an arrest and a seizure on less than probable cause (an ''investigatory stop'') is ''in the duration and degree of intrusion resulting from the interference with the person's freedom of movement.'' Because an investigatory stop can be on less than probable cause, it must be brief in duration and limited in its scope and be based on a reasonable suspicion. Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch'"; it must be based on "specific and articulable facts", "taken together with rational inferences from those facts", and the suspicion must be associated with the specific individual.

Under Brown v. Texas, 443 U.S. 47, 52-53 (1979) a police officer does not have a reasonable, articulable suspicion that some crime had just taken place or was about to take place if a person intentionally refuses to report his name and residence address to a peace officer who has lawfully stopped him and requested the information. Henes v. Morrissey, 194 Wis. 2d 338, 353-54, 533 N.W.2d 802 (1995)(explaining that Wis. Stat. § 946.41 does not criminalize refusal to give information). Nor does a refusal to answer also would not have given rise to any reasonable suspicion of wrongdoing. Florida v. Bostick, 501 U.S. 429, 437 (1991) (noting that a refusal to cooperate, without more, does not furnish the objective justification needed for a detention or seizure). In the absence of any reasonable, articulable suspicion, police may ask questions, request identification, and ask for consent to search, "as long as the police do not convey a message that compliance with their requests is required." 501 U.S. at 434-435. But refusal is one thing, giving false information is completely different.

What gets a cop interested in investigating you? If you are in a car, the legislature has created so many possible reasons for the police to stop you in the traffic code (including but not limited to equipment and non-jailable offenses like a seat belt violation or having an air freshener hanging from your mirror), that cops now have a right to stop you just about for any reason or no reason at all (what the law calls a “generalized warrant”). If you meet an officer in person, some of the main factors which courts have allowed police to conduct an investigation are: (1) flight; (2) suspicious movement; (3) threats and attempts to resist; and (4) intoxication. A simple rule to follow with the police on the street is to remember to be polite but firm. Do not argue with the police on the street but you do not have to consent to police requests to search your person or your property. Also remember, in real life, if a court has to decide who is telling the truth between you and a police officer, a court will usually pick the cop. An arrest usually results in the individual being taken to the stationhouse for booking procedures and the filing of criminal charges.

Probable Cause to ArrestAn arrest must be justified by probable cause. An arrest cannot be based on an invocation of a legal right. Probable cause to arrest an individual exists where the facts and circumstances are sufficient to warrant a reasonably prudent person in believing that the individual has committed or is committing an offense. Under this standard, the subjective intentions of the arresting officer are irrelevant in determining the validity of an arrest. This means that the officer's ''subjective reason for making the arrest need not be the criminal offense as to which the known facts provide probable cause.'' An arrest therefore is lawful under the Fourth Amendment even though the police officer was motivated by the desire to search for evidence of some other unrelated crime for which the officer lacked probable cause to arrest or search, and even though a reasonable officer would not have made the arrest in the absence of the officer's invalid purpose. Similarly, an arrest is lawful under the Fourth Amendment when probable cause to arrest exists for a particular offense, even though that offense is not ''closely-related'' to, and based upon the same conduct as, the offense stated by the arresting officer when he made the arrest or at the time of booking. Indeed, an arrest for an offense committed in the presence of an arresting officer is lawful for Fourth Amendment purposes despite its being unlawful under state law. As a general matter, probable cause to arrest will exist for an indefinite period, because the passage of time usually will not alter the historical facts upon which the determination of probable cause was made.

Remember, if you’re taken into custody by the police, you don’t have to use any magic words to let police officers know that you want to remain silent. You can simply say nothing in response to police questions. Or, after an officer gives you a Miranda warning, you can stop the questioning by saying something like: I want to talk to an attorney. I won’t say anything until I talk to an attorney. I don’t have anything to say. I don’t want to talk to you anymore. I claim my Miranda rights.Realize, however, officers must only provide Miranda warnings whenever they interrogate someone who is in custody. “Interrogation” includes not only express questioning, but also any words or actions that police officers should know are reasonably likely to elicit an incriminating response. Being “in custody” describes a situation in which a reasonable person in the suspect’s shoes would not feel free to leave. This means if you volunteer information to the police before or after being given Miranda warnings, the cop will write it down and the information will be used to prosecute you.